Cantwell+v.+Connecticut

Submitted by Jose Ramirez CANTWELL ET AL. v. CONNECTICUT.

Supreme Court of United States. Argued March 29, 1940. Decided May 20, 1940.

BACKGROUND: Newton Cantwell and his two sons, members of the Jehovah’s Witnesses, were arrested in New Haven, Connecticut, and charged with breach of the peace and failure to obtain a permit, which would allow them to solicit donations for their religion. The facts are that Mr. Cantwell and his sons went door to door, canvassing the Roman Catholic neighborhood of New haven. They would knock on a door and asked for permission to deliver their message. If the person said no they would go on their way, but not before they solicited donations for their cause, in return they would offer a pamphlet to be read at the person’s discretion. The Newton’s were arrested when they approached a couple of men and were given permission to play their recordings, which contradicted the Roman Catholic religion. The two men, being Catholics, became upset and threatened the Cantwells with physical violence if they did not leave. Mr. Cantwell and his sons appealed to the U.S. Supreme court citing the Fourteenth Amendment, guaranteeing them deprivation of liberty without due process. They also argued that requiring them to submit an application to practice their religion views was considered censorship and a violation of their First Amendment, freedom of speech, which is within the protection of the Fourteenth.

DECISION AND RATIONALE: The United States Supreme Court decided in favor of the Cantwells. The court explained that the Connecticut Statute deprived them of their liberty without due process. The First Amendment of the Constitution clearly stated that “Congress shall make no law respecting an establishment of religion or prohibiting the exercise thereof.” Although the State insisted that their statute was merely a tool to safeguard its citizens from fraud, the Supreme Court disagreed with their practice, since an application meant having to bring their case to the secretary of the public welfare council. This action gave the state power to exercise judgment and therefore authorize or deny any application, if he determined that the cause is not religious in nature. This would be considered censorship of religion, a right protected by the Fourteenth Amendment. On breach of peace, the Court simply ruled that although people found their teachings offensive, the Cantwells did not instigate further violence. When threatened with personal injury the picked up their belongings and continued on their way.

IMPACT ON TEACHING: This ruling by the Supreme Court protects all persons and allows them to practice their religious views without fear of discrimination. In our present classrooms, diversity is embraced and allowed to expand in our education. This type of diversity includes gender, ethnicity, nationality, cultural, and religious. Religious practices may not always be the same in our classroom, but the Supreme Court protects our students and teachers rights to be individuals and express themselves as their doctrine dictates. Administrators and teachers must be willing to accept their students for who they are. They should respect and be sensitive to the needs of all their students, not just the ones who share their beliefs.

QUESTION: TRUE OR FALSE – The First Amendment of the Constitution allows congress to maintain control of religious groups within our nation’s borders.

Tiffany Thompson Cantwell v. Connecticut United States Supreme Court Argued: March 29, 1940 Decided: May 20, 1940 ** Background **: Three Jehovah Witnesses, Newton Cantwell and his two sons, were going door-to-door distributing religious material, in a Roman Catholic community, in New Haven, Connecticut. They were also playing an anti-Roman Catholic message called “Enemies: on a portable phonograph record to pedestrians willing to listen. The pedestrians who volunteered to listen became angered by the message and threatened to physically harm the Cantwells. The police were called and Newton Cantwell and his sons were arrested on accusations of violating the community’s soliciting rules requiring them to have a permit. They were also arrested on charges of provoking a common law breach of the peace. According to the Cantwells, their First Amendment rights were being violated. ** Decision and Rationale **: The United States Supreme Court decided that the rights contained within the First Amendment gave Newton Cantwell and his sons the right to campaign on behalf of their religion. The court decided that the Cantwells were on a public street playing a record that was not disruptive to others on the street and the two men had agreed to hear the message. They had a right to voice their religious opinions. The message contained “no clear and present menace” to the peace of the public therefore signifying there was no breach of peace was violated. ** Impact on Teaching **: // Cantwell v. Connecticut //displays the importance of our First Amendment rights in regard to religion. Most people associate with some form of religion and it is important as teachers to respect the beliefs of others even though they may not agree with our own. Teachers and students have the right to discuss their views with others as long as it does not cause disruption and the other person has agreed to listen. Teachers should be cautious when displaying their personal beliefs about religion to their students. ** Applicable Quiz Question **: Fill in the Blank: The Cantwells had the right to voice their religious opinion according to the _________ Amendment.